Benjamin Moore & Co. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington. D,C. 20590 DEC 3 2009 Mr. Prokopis Christou, PE, CHMM Corporate Environmental, Health & Safety Department Benjamin Moore & Co. 360 Route 206 Flanders, NJ 07836 Ref. No. 09-0257 Dear Mr. Christou: This responds to your October 29,2009 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask ifpackaging marked with Special Permit Numbers DOT SP 12749 and DOT SP 13052 pertaining to UN 11 G fiberboard intermediate bulk containers (IBCs) may be used to transport nonhazardous materials. The answer is yes. The prohibited marking requirements in § 172.303 of the HMR do not require removal or obliteration ofthe special permit number from the packaging, even when the packaging is not being used under the terms of the special permit. However, in order to minimize confusion or frustration ofthe shipment, you may wish to cover or obliterate the special permit number markings when the packaging is not being used under the terms ofthe special permit. I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact this Office. Sincerely, ~~bd/2# Charles E. Betts Chief, Standards Development Ice of Hazardous Materials Standards#

Page 2Page 1 of1 From: INFOCNTR (PHMSA) Sent: Thursday, October 29,20099:30 AM To: Drakeford, Carolyn (PHMSA) Subject: FW: Use of packages with DOT Special Permit numbers for not regulated materials. From: Christou, Prokopis [mailto:Prokopis.Christou@Benjaminmoore.com] Sent: Wednesday, October 28,20094:33 PM To: INFOCNTR (PHMSA) Subject: Use of packages with DOT Special Permit numbers for not regulated materials. Hi. We would like a written an interpretation regarding the use of packaging that is marked with a Special Permit numbers DOT SP 12749 and DOT SP 13052 for use with not regulated materials. These special permits pertain to UN 11 G fiberboard intermediate bulk container (IBC). Do the hazardous material regulations (HMR) prohibit the use of the IBC in question bearing the DOT special permit numbers for use and shipment of materials that are not regulated as hazardous materials? Do the HMR require the obliteration of the Special Permit numbers on the IBC if it is used to ship materials that are not regulated as hazardous materials. Thanks in advance for your help Best regards, ...~ Prokopis Christou, PE, CHMM Corporate Environmental, Health & Safety Department Benjamin Moore & Co, 360 Route 206 Flanders, NJ 07836 Tel. 973-252-2654 10/29/2009#